Appealing SDI denial, how to get forgiveness for filing late

September 24, 2016 5:37 AM

I've been denied California short-term SDI benefits because I filed too late. I relucantly filed at all because I now desperately need the money, so I must appeal. How best can I phrase my appeal to get my best chance at a reversal?

I've been denied California short-term SDI benefits because I filed too late. I didn't file originally because this was my first time, I was too proud to 'take charity' (I know, it's not charity) and I didn't expect my illness to keep hitting me with new complications for more than 18 months, long enough to eat all my savings. It didn't help that I was in bad shape and had no family or friends who could help me take care of this while I struggled to recover. (I'm better now, but I do have a permanent significant physical disability.)

I desperately need the money, so I'm going to appeal. How best can I phrase my need ('good cause') to get my best chance at a reversal?

posted by anonymous to Work & Money (4 answers total)

Many legal aid organizations assist with this kind of case (for free). If you can, I'd call around to any organizations near you and see if they can help. They may be able to represent you, and if not, they may be able to give you advice on what to say.

If you have a mod update this post with your location, someone may be able to suggest a specific organization.
posted by insectosaurus at 5:48 AM on September 24, 2016 [1 favorite]

(For context, I used to work as a legal aid attorney in CA and I spoke to many people with similar issues).

Also, since you have a permanent disability, you may want to look into filing for SSDI or SSI disability. A legal aid attorney should be able to advise you on your options for this as well.
posted by insectosaurus at 5:53 AM on September 24, 2016 [2 favorites]

My understanding is CA State disability is limited to one year. Any time over that goes to SSDI, if you worked and paid enough quarters into the system, or SSI if you did not not. I think you missed the boat on CA SDI.

Patient advocates are good for this kind of thing.
posted by cairnoflore at 8:11 AM on September 24, 2016

From EDD

The day you became unable to work due to your disability is the day or date your disability begins. You will need to include that date when you submit your claim.

You may not change the beginning date of your claim or adjust a base period after establishing a valid claim. If you have any questions about your claim start date, please contact DI at 1-800-480-3287 before filing your claim.

Your claim cannot be submitted any earlier than the ninth day from the date your disability begins and must be submitted no later than 49 days after the first date of your disability or the claim is considered to be a late claim and you may lose benefits.

I suggest that you should ask for help, throw yourself on the mercy of the court. Explain that you were sick and overwhelmed at the time. Ask if there are other programs that you are eligible for.
posted by ohshenandoah at 11:02 PM on September 26, 2016